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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2733   View pdf image (33K)
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OYSTERS 2733

tion of such advertisement file a protest in writing against such applica-
tion in the Circuit Court for the County in which or nearest to which
the area applied for is located, and the Clerk of said Court shall there-
upon docket a suit at law in which the protestants are to be the plaintiffs and
the Conservation Commission the defendant, and the said case shall there-
after proceed as set forth in Section 108, with the right of appeal as pro-
vided in said Section; provided, however, that no such protest may be filed
if it shall appear that the character of the area in question has been adjudi-
cated in proceedings theretofore taken under the provisions of Section
108, or that proceedings under said Section are then pending. If no pro-
test is filed within the time herein provided, all leases issued after the
passage of this Act, in accordance with its provisions, shall be binding on
the respective parties thereto and conclusive as to the nature of the area
leased, notwithstanding the provisions of Sections 107, 108 and 109 of
this article.

An. Code, 1924, sec. 122. 1912, sec. 106. 1906, ch. 711, sec. 104. 1914, ch. 265, sec. 104.

119. Immediately after the termination of the respective periods pre-
scribed for the filing of protests or appeals as above provided, or imme-
diately after final decision upon any protests or appeals that the area in
question may lawfully be leased, it shall be the duty of the said Commission
to notify the applicant by letter mailed to his last known post-office address
that said Commission is ready to issue the lease applied for, and upon the
payment by the applicant of a further fee of two dollars and a half, in addi-
tion to the fee of five dollars, which is to accompany his application, and
upon execution of the lease, said Commission shall cause to be entered in a
book or books, to be known as "The Register of Titles to Oyster Lands,"
the name of the applicant, with a concise but clear description of the land
applied for. If the applicant fails to accept the lease and pay all fees herein
provided within sixty days after the mailing of the notice herein pro-
vided, the application in question shall become null and void, and all pay-
ments theretofore made to said Board by the applicant shall be forfeited;
provided, however, that the said Board may for good cause shown extend
the time for acceptance of leases for an additional period of sixty days.
The payment of the proper fees due for the application and record in the
register required by this Section to be kept, shall constitute between the
State and the applicant the relation of landlord and tenant for the term
of twenty years, from the record of the lands so applied for as aforesaid,
at the annual rentals provided in Section 113 of this article.

An. Code, 1924, sec. 123. 1912, sec. 107. 1906, ch. 711, sec. 105. 1912, ch. 539, sec. 105.

1914, ch. 265, sec. 105.

120. The relation of landowner and tenant stated in Section 119 shall
have all the incidents attaching to that relation as the same exists under
the laws of Maryland, excepting only the following particulars:

First: Land leased under this sub-title shall be used only for the pur-
pose of planting and cultivating oysters;

Second: Residents of this State shall have the right to crab or fish upon
all leased areas, provided they do not remove or destroy oysters thereon;

Third: No right shall exist to redeem or purchase any land of the State
so leased;

Fourth: Any other modification caused by the provisions of this sub-
title.
As to "landlord and tenant," see art. 53.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2733   View pdf image (33K)
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